The United Nations expert
on torture has called on the Inter-American Commission on Human Rights
to investigate the practise of solitary confinement and its harmful
effects in the Americas, particularly in Latin America, and urged
stronger regulation of its use. “I am concerned about the general lack of official information and
statistics on the use of solitary confinement,” the Special Rapporteur
on torture, Juan E. Méndez, told the Inter-American Commission on Human
Rights in its first-ever briefing on solitary confinement in the
Americas. “The use of solitary confinement can only be accepted under exceptional
circumstances, and should only be applied as a last resort measure in
which its length must be as short as possible,” the Special Rapporteur
added at the meeting in Washington D.C.

Mr. Méndez warned that there are insufficient safeguard mechanisms in
the region for preventing, detecting, and responding to the use of
solitary confinement, such as making sure that the prisoners held in
solitary confinement retain access to legal counsel and medical
assistance. He also called for the absolute prohibition of solitary confinement for
juveniles and persons with mental disabilities and for an equally
absolute prohibition on indefinite or prolonged solitary confinement
lasting longer than 15 days. “It is important for States to advance in modifying their legislation,
policies and practices that are not in accordance with these standards,”
he urged.

Mr. Méndez spoke to the Commission, which is part of the Organization of
American States, in his capacity as an unpaid independent expert
appointed by the UN Human Rights Council to examine and report back on
thematic issues. In a 2011 global report to the UN General Assembly, Mr. Méndez called
solitary confinement a “harsh measure which is contrary to
rehabilitation, the aim of the penitentiary system.”